European Union (Referendum) Bill

Huw Irranca-Davies Excerpts

Friday 22nd November 2013 Commons Chamber

[Mr Lidington]

Oh dear, dear, Mr Speaker. Labour Members cannot think of something new today, so they just put on the old record and try to repeat it again. I am tempted simply to refer the hon. Gentleman to remarks I made last time we debated this Bill. I pointed out to him achievements that the Government already have to their credit in terms of significant reform of the European Union, from the first ever budget cut, to reform of the fisheries policy of a kind that Labour said it wanted during 13 years in office but was never capable of achieving.

Yet again, the hon. Gentleman has failed this morning to spell out whether his party and leader are prepared to commit themselves to giving the British people a final say over the terms of our membership of the European Union. [Hon. Members: “Give way!] I am giving the hon. Gentleman the answer I believe he deserves. He may believe that the right approach would be for the Government to spell out in 2013 precisely what terms Ministers in a future Conservative Government would hope to put to the European Union after the 2015 general election. I say only that if that is the sort of naive approach to negotiation he currently endorses, it shows why the Labour party so signally failed to achieve much while in office.

Let me return to the points I was addressing to my hon. Friend the Member for Windsor, and others who want to bring the referendum forward to 2014. First, I ask them to consider British circumstances in 2014. We will already have an important referendum on the future of Scotland in the UK. I believe it would be an unnecessary complication to that debate to have a European referendum as well next year. Secondly, I suggest to the House that we should bear in mind the European timetable. Next year there will be elections to the European Parliament and the appointment of a new European Commission. That period will entail a break from normal European business, during which it would simply not be possible to engage in the serious work of reform and renegotiation that so many people on both sides of the House and millions of our fellow citizens want to see.

The choice that the British people deserve is a choice between membership of the European Union on reformed and renegotiated terms or leaving. That is the right choice. I do not believe it would be possible to come to an informed view about that choice as early as next year. It is that understanding of the European context that has led the Government to propose a 2017 date.

[Huw Irranca-Davies (Ogmore) (Lab)]

On a point of order, Mr Speaker.

[Mr Speaker]

I hope it is a point of order.

[Huw Irranca-Davies]

It is a genuine point of order, because I did not want the House to be inadvertently misled in any way. I simply want to put on record the fact that common fisheries negotiations were well advanced under the previous Labour Government. [Interruption.] I had to make the point.

[Mr Speaker]

The hon. Gentleman has made his point. It was not a point of order, as I rather feared it would not be.

--- Later in debate ---

[Mike Gapes]

I agree that Michael Green’s remarks were wrong. It is important to remember, as a helpful House of Commons Library note makes clear, that

“the Electoral Commission has a duty to assess the intelligibility of the question”,

that it has published guidance on that, and that it uses

“focus groups and similar techniques to ensure that the electorate understand the question.”

That may not be convenient for those people quoted by the Daily Mail as having lobbied for a particular outcome in the drafting of the question, but the fact is that the Electoral Commission is the expert. It has carried out thorough research and its report is critical of the question proposed and suggests that we at least go back to the original question, as set out in my amendment 35. Incidentally, that was also the subject of an amendment tabled by the hon. Member for Cheltenham (Martin Horwood), which, although it was not selected for debate, I think shows that there is cross-party concern about this matter.

It is important that we have clarity, because a referendum on leaving the European Union will have enormous economic and political consequences for our country and its international relationships and for British citizens, including the 1.4 million living in other EU countries, a large number of whom will, according to the Government, be deprived of being able to vote in the referendum. It will also have implications for new Europeans and for British people who have married citizens of new EU countries. Those new Europeans may be living and working in this country and they may have children at school here. They are contributing to our country, but they might not be able to have a say in the referendum. The question must be clear and not leave any room for ambiguity or doubt about the outcome. People should not be able to say afterwards that the referendum was rigged and unfair and that the result should therefore not be accepted.

[Huw Irranca-Davies]

This is a pertinent and material amendment, because there is a world of difference between the words “be” and “remain”. I would like to be in the Wales versus Tonga rugby match tonight, but that is an aspiration. The word “remain” would allow me to make an argument to my constituents on the basis of the historical facts of the benefits that Wales gets from being a member of the EU. I would not be saying that we may be a member at some time in the future; I would be saying, “We are a member and here’s what we have gained.”

[Mike Gapes]

I absolutely agree. I do not want to comment on Welsh rugby, on which I am not an expert. [Interruption.] I will certainly not talk about English cricket either, or even the fortunes of my football team, West Ham United, although I hope we do better against Chelsea on Saturday.

We are in an important part of the debate, because we must get the question absolutely right.

--- Later in debate ---

[Mike Gapes]

Of course, Mr Deputy Speaker; I would never wish to be off track when discussing these matters.

Amendment 38 requires consultation with the National Assembly for Wales and the Welsh Assembly Government on these matters. Amendment 39 relates to Scotland, where there will be similar issues. It would require a consultation with the Scottish Parliament and the Scottish Government. It is important to remember that the United Kingdom has a devolution settlement, so we cannot simply magic up the wording of questions for political convenience and to suit those who lobby the Daily Mail. We have to consult the different parts of our United Kingdom.

I have experience of that because I was Parliamentary Private Secretary to my right hon. Friend the Member for Torfaen (Paul Murphy) when he was Minister for Political Development in the Northern Ireland Office between 1997 and 1999. I took part in the negotiations in Castle buildings that resulted in the Good Friday agreement. I understand well from that experience the importance of language and identity in Irish politics and within the two communities and faith traditions in Northern Ireland.

[Huw Irranca-Davies]

Does my hon. Friend agree that amendments 38, 39 and 40, when taken in conjunction with the discussion on amendment 35 on whether the word “be” or “remain” should be used, are vital because we do not know whether the Northern Ireland Executive, the Scottish Government and the Welsh Government have expressed their views on the expert opinion of the Electoral Commission on the correct wording? Because I was unable to intervene on the Minister earlier, I do not know whether the Government have had those discussions.

[Mike Gapes]

I am sorry, I cannot answer that question either. Perhaps the Minister can, or the Liberal Democrats when they speak on behalf of the Government. I simply do not know the answer.

The issues of consultation and identity are important. Given that the referendum could have different outcomes in different places, it is possible, for example, that England might vote to leave but Northern Ireland might vote to stay in. Given the economic, personal and family links north and south of the border, Northern Ireland might prefer co-operation to leaving. If that were the case, there would clearly be implications if the question were disputed.

We should ensure that we see the potential difficulties coming over the horizon and remove them in advance rather than come across them because of a badly worded question, a lack of proper consultation, or a lack of translated versions or translations, whichever we decide on. If we remove those difficulties, it will make political or legal challenges and difficulties at a later stage less likely. As the democratic Chamber, this House has a responsibility to do that, although I suspect that if we do not, the other place will examine the issue in some detail.

I hope that the Scottish Government and Parliament, the Welsh Assembly and Welsh Assembly Government and the Northern Ireland Assembly and Executive will make clear representations on those matters. They have a right to be heard on behalf of the people of those nations and regions of the United Kingdom.

I will end my remarks there because I know that many other Members wish to contribute. The amendments cover vital issues that need proper consideration, and I think we need to vote on the wording of the question.

--- Later in debate ---

[Mr Bain]

My apologies; it is important to be able to distinguish between east and west.

The wording of the question is critical. In the 1975 referendum, specific reference was made to the UK staying in the EEC, as it was. There was a further clarification by means of the insertion of the words “Common Market” after “the European Community” in the referendum question. The Electoral Commission has identified that the question under consideration, in its current form, could create an ambiguity in the minds of an important group of voters, who might believe that the European Union was completely different from Europe or from what we are engaged in at the moment. The Electoral Commission’s advice should be taken carefully by the hon. Member for Stockton South and the Government.

As has been mentioned, the wording of the question is critical. In the Quebec referendum of 1995, when the proposers of separatism argued that a question could be framed around the word “sovereignty”, that generated an outcome of less than 1% in favour of those who wished to remain part of Canada. In Scotland, we saw a politically motivated process with the question as drafted being corrected by the Electoral Commission and other political opinion, which held the Executive to account. If the hon. Gentleman is to make any kind of persuasive case for a referendum, he simply must engage with the arguments that the Electoral Commission has made. The commission has said that there is a danger that his question, which is endorsed by the Conservative part of the Government, is too ambiguous, and that needs to be resolved by this House and potentially by the other place in future proceedings on the Bill.

[Huw Irranca-Davies]

Does my hon. Friend agree that the rewording in amendment 35 not only abides by the Electoral Commission’s suggestion but states a fact, as we would “remain” within the EU? Does he also agree that, in concurrence with my hon. Friend the Member for Ilford South (Mike Gapes), who has said that he is minded to press his amendment to a Division, the House should pass the amendment so that there is clarity for the voters of the UK should we have a referendum?

[Mr Bain]

My hon. Friend is entirely correct. The worst thing that this House and the other place could do is to put in place a referendum that leaves doubt in the minds of voters over what they are voting for. There is even doubt about the implications of a yes or a no vote in the minds of Members on the Government Benches. Quite simply, there should not be such doubt among the voters if a referendum were to take place. For that reason, it is essential that the strong arguments of the Electoral Commission are given due credence by the Bill’s promoter.

My hon. Friend the Member for Ilford South has tabled an interesting group of amendments. It is fair for him to raise the point in relation to Wales and Scotland. It would be appropriate to consult those devolved legislatures and to speak to the Scottish Government and the Welsh Assembly Government about the arrangements for translating the question into the appropriate language. The promoter should take such arguments on board.

I will seek to test the opinion of the House on amendment 71. I emphasise to both the Government and the Bill’s promoter that language is absolutely critical in referendums. As the question stands in this Bill, the hon. Member for Stockton South simply has not got it right.